Explanation of the Book of Inheritance, Fixed Punishments, and Blood Money-03b
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The reciter: Muhammad narrated to us, Jarrir informed us, from Mansur, from Ibrahim, from al-Aswad, from Aisha (may Allah be pleased with her), who said: Sahih al-Bukhari 6758.
The Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
The author said: The chapter on if a person becomes Muslim through his hand, meaning whether his inheritance is established for him or not.
It has been mentioned to us previously that the causes agreed upon by the scholars are three: kinship, marriage, and the bond of loyalty (wala'). They differed on some matters, such as: does a foundling become the client (mawla) of the one who picks him up if the three causes are absent, or not?
And among those matters is: if a person becomes Muslim through his hand, does he become his client (mawla) or not?
There is a disagreement among the scholars on this, and it appears that al-Bukhari (may Allah have mercy on him) leans toward the view that he does not become his client (mawla), because he cited as evidence for this the saying of the Prophet (peace and blessings be upon him):, meaning that no one has a bond of loyalty (wala') except the one who frees a slave.
The chapter on if a person becomes Muslim through his hand, he said: "And al-Hasan did not consider him to have authority (wilayah)". Al-Hasan al-Basri, one of the jurists of the Tabi'un (may Allah have mercy on him), did not consider that a man has authority (wilayah) over someone who becomes Muslim through his hand. And if he does not have authority (wilayah), he does not inherit.
And the Prophet (peace and blessings be upon him) said:, and based on this, there is no bond of loyalty (wala') for the one through whom a person becomes Muslim.
It is reported from Tamim al-Dari, raised to the Prophet (peace and blessings be upon him), that he said:Sunan Abi Dawud 2918Hasan Sahih (Al-Albani). "Raised" means to the Prophet (peace and blessings be upon him). And this hadith, or this report, as you see, al-Bukhari considers it weak because he suspended it with a form of criticism. And when al-Bukhari suspends a hadith with a form of criticism, it is weak. For this reason, he said: "And they differed on the authenticity of this report".
If this report is authentic, then he does not have a bond of loyalty (wala') except after the three agreed-upon causes, which are: kinship, marriage, and the bond of loyalty (wala') of freeing a slave. And if the report is not authentic, it is not acted upon, and we will read it, if Allah wills, in the explanation.
As for the two hadiths he mentioned, they support what al-Bukhari cited as evidence that the bond of loyalty (wala') belongs to the one who frees a slave. They are in the story of Barira, which has been mentioned previously many times.
Did he speak about?
Aisha said, "I bought Barira and her masters stipulated that the Wala would be for them." Aisha mentioned that to the Prophet (ﷺ) and he said, "Manumit her, as the Wala is for the one who gives the silver (i.e. pays the price for freeing the slave)." Aisha added, "So I manumitted her. After that, the Prophet caller her (Barira) and gave her the choice to go back to her husband or not. She said, "If he gave me so much and so much (money) I would not stay with him." So she selected her ownself (i.e. refused to go back to her husband)."
اشتريت بريرة، فاشترط أهلها ولاءها. فذكرت ذلك للنبي صلى الله عليه وسلم، فقال : أعتقيها، فإن الولاء لمن أعطى الورق ، قالت : فأعتقتها. قالت : فدعاها رسول الله صلى الله عليه وسلم فخيرها من زوجها، فقالت : لو أعطاني كذا وكذا ما بت عنده، فاختارت نفسها . قال : وكان زوجها حراThe Shaykh : In the name of Allah, the Most Gracious, the Most Merciful.
The author said: The chapter on if a person becomes Muslim through his hand, meaning whether his inheritance is established for him or not.
It has been mentioned to us previously that the causes agreed upon by the scholars are three: kinship, marriage, and the bond of loyalty (wala'). They differed on some matters, such as: does a foundling become the client (mawla) of the one who picks him up if the three causes are absent, or not?
And among those matters is: if a person becomes Muslim through his hand, does he become his client (mawla) or not?
There is a disagreement among the scholars on this, and it appears that al-Bukhari (may Allah have mercy on him) leans toward the view that he does not become his client (mawla), because he cited as evidence for this the saying of the Prophet (peace and blessings be upon him):
Al-wala' (loyalty) belongs to the one who manumitted
الولاء لمن أعتقThe chapter on if a person becomes Muslim through his hand, he said: "And al-Hasan did not consider him to have authority (wilayah)". Al-Hasan al-Basri, one of the jurists of the Tabi'un (may Allah have mercy on him), did not consider that a man has authority (wilayah) over someone who becomes Muslim through his hand. And if he does not have authority (wilayah), he does not inherit.
And the Prophet (peace and blessings be upon him) said:
Al-wala' (loyalty) belongs to the one who manumitted
الولاء لمن أعتقIt is reported from Tamim al-Dari, raised to the Prophet (peace and blessings be upon him), that he said:
He is the nearest to him in life and in death.
هو أولى الناس بمحياه ومماتهIf this report is authentic, then he does not have a bond of loyalty (wala') except after the three agreed-upon causes, which are: kinship, marriage, and the bond of loyalty (wala') of freeing a slave. And if the report is not authentic, it is not acted upon, and we will read it, if Allah wills, in the explanation.
As for the two hadiths he mentioned, they support what al-Bukhari cited as evidence that the bond of loyalty (wala') belongs to the one who frees a slave. They are in the story of Barira, which has been mentioned previously many times.
Did he speak about?